In Legal Terms

Guest: attorney Kelly Kyle from Kyle Wynn & Associates http://www.kyle-wynn.com/Calls: trust and probate life insurance power of attorney and advanced health care directives life tennant dementia what can go into a trust heirs at law estate planning - special needs trust Past podcasts with Kelly Kyle 3/27/2018 titled Avoiding Probate  and 3/5/2019 Wills and Probate also 11/26/2019 Revocable Trusts most recenly 3/31/2020 Medical DirectivesIf you’d like some reading material, our guest is a co-author of How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets, the Mississippi Edition  Hosted on Acast. See acast.com/privacy for more information.

Guest: André de Gruy, State DefenderAdditional information: Mississippi Bail Fund Collective https://www.peoplesadvocacyinstitute.com/mbfc 2019 Mississippi Code Title 99 - Criminal Procedure Chapter 5 - Bail https://law.justia.com/codes/mississippi/2019/title-99/chapter-5/ American Bar Association: How Courts Work : Steps in a Trial : bail https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/bail/ The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” https://constitutioncenter.org/interactive-constitution/interpretation/amendment-viii/clauses/103 MISSISSIPPI RULES OF CRIMINAL PROCEDURE https://courts.ms.gov/research/rules/msrulesofcourt/Rules%20of%20Criminal%20Procedure%20Post-070117.pdf 2013 Mississippi Code Title 99 - CRIMINAL PROCEDURE Chapter 35 - APPEALS Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES § 99-35-115 - Bail after conviction of felony; application for emergency hearing upon denial of bail https://law.justia.com/codes/mississippi/2013/title-99/chapter-35/article-3/section-99-35-115 Discussion: What does the Office of State Public Defender do What is bail How is bail determined Posting bail MS Bail Collective Rena LEE v. Robert "Tot" LAWSON, Sheriff of Pike County, Mississippi https://law.justia.com/cases/mississippi/supreme-court/1979/51628-0.html Excessive bail When is bail prohibited Tracking those out on bail Out on bail while on appeal Bail bondsmen regualted by insurance commission Calls: Bail isn't punishment Bail fund outiside of Hinds County Bail isn't / shouldn't be punishment What does the State of MS spend on those who aren't out on bail Know one knows how many people are in jail in Mississippi Virtual Public Briefing The Civil Rights Implications of Cash Bail February 26, 2021 | Washington, DC10: am - 1:40 pm ET* The U.S. Commission on Civil Rights will hold a virtual briefing on February 26, 2021, on bail reform in the United States. The Commission’s investigation seeks to examine the state of bail and pretrial detention practices, including the involvement of the private bail industry, various mechanisms for reform, and the potential regulatory role of the federal government. The Commission will evaluate how cash bail impacts the fair administration of justice and whether it operates in a manner that denies equal protection of the law to individuals on the basis of race or another protected class. At this public briefing, Commissioners will hear from subject matter experts such as government officials, academics, law enforcement professionals, advocates, and impacted persons. The Commission will accept written materials from the public for consideration as we prepare our report; submit to bailreform@usccr.gov no later than March 26, 2021.  LOCATION: The briefing will be live-streamed.  AGENDA: Briefing (expert panels): 10:00 am – 1:40 pm ET*Open Comment Session (public testimony): Written comments submitted to bailreform@usccr.gov by March 26, 2021.  Stay abreast of updates at www.usccr.gov and on Twitter and Facebook. Hosted on Acast. See acast.com/privacy for more information.

Guest: Associate Dean Stacey Lantagne from the University of Mississippi School of Lawauthor of “Famous on the Internet: The Spectrum of Internet Memes and the Legal Challenge of Evolving Methods of Communication.” How to protect your intellectual Property? Listen and find out.{an idea is NOT able to be copywriten}Calls: Merger doctrine - recipes Fair use of images Art gets a copywrite; Inventions get patents Genitic material Poor Man's Copy Protection Flea Market Sales Notice of copywrite? Take a photo of your art Bernie Sanders' inauguration mittens help raise $1.8 million for charity : Brendan Smialowski, a photographer with Getty Images, captured the image of Sanders. The photo agency said it will donate proceeds from the photo to Meals on Wheels of America."Weird Al" Yankovic The Saga Begins YouTube Video Hosted on Acast. See acast.com/privacy for more information.

Guest: Baskin Jones from Jones Law Firm https://injuredinmississippi.com/ and https://www.facebook.com/baskinjonesattorneySuggestion: READ THE DECLAIRATIONS PAGE OF YOUR INSURANCE FOR UNINSURED OR UNDERINSURED MOTORIST COVERAGEOur show discussed: how cyclists ARE treated what to do if injured MS state laws safe passing dooring laws DUI vehicle Insurance issues Calls concerned: biker's rights car drivers experence getting hit by car uninsured "what if" some can't pay for insurance Resources:https://www.bikewalkmississippi.org/https://visitmississippi.org/blog/mississippis-best-cycle-trails/https://mdot.ms.gov/portal/bikepedhttps://bike.olemiss.edu/safetytips/mississippi-laws/https://bikeleague.org/bike-law-universityhttps://injuredinmississippi.com/practice-area/bicycle-accident-lawyer/ Hosted on Acast. See acast.com/privacy for more information.

Guest: Professor Patrick Longan, Chair in Ethics and Professionalism from Mercer University School of Law https://law.mercer.edu/academics/centers/clep/Discussed: Center for Legal Ethics and Professionalism Challenges for Lawyers law students classes training Current Events Confidentiality Wills The Ideal Lawyer: Is competent Shows fidelity to client Shows fidelity to the law Is public spirited Has civility Has practical wisdom  Ways Attorneys Get Into Trouble: Trust account abuse Neglect of client Committing felonies Ethics attorneys hopeful COVID-19 will prompt changes in remote working rulesThousands of Lawyers, Law Students Push to Disbar Cruz, HawleyDiscipline Them: Lawyers Want Ethics Charges Against AGs Behind Election Challenge Hosted on Acast. See acast.com/privacy for more information.

Guests: Amelia McGowan and Max Meyers from the Mississippi Center for Justice to discuss Immigration and answer questions.To contact the MS Center for Justice:For the Jackson office call: (601) 352-2269.For the Biloxi office call: (228) 435-7284.To reach the Indianola office call:(662) 887-6570.Their website mscenterforjustice.org/contact/ also has a form to fill out to reach them. DACA Contact form: https://docs.google.com/forms/d/e/1FAIpQLSe4R2ZahNv1iuLL_N4fI1szq0XbbgcXwZGHjAg6HdIhPiIm8g/viewformTopics included: Mississippi immigration situation challenges faced by undocumented people work of the Center for Justice ICE raids how to reach MS Center for Justice what is asylum how to qualify what is DACA Calls: gratitude illegal vs legal entry to country profiling crimes 6PQe1uqiF86k8THwT4eA Hosted on Acast. See acast.com/privacy for more information.

A repeat broadcast from 08/04/2020Guest: University Press of Mississippi’s Courtney McCreary, Publicity and Promotions Manager discussing their law and true crime books https://www.upress.state.ms.us/Books discussed: Crooked Snake https://www.upress.state.ms.us/Books/C/Crooked-Snake2 A Legal History of Mississippi https://www.upress.state.ms.us/Books/A/A-Legal-History-of-Mississippi Mississippi’s Federal Courts https://www.upress.state.ms.us/Books/M/Mississippi-s-Federal-Courts Heroes, Rascals, and the Law https://www.upress.state.ms.us/Books/H/Heroes-Rascals-and-the-Law Cups Up https://www.upress.state.ms.us/Books/C/Cups-Up Confessions of an Undercover Agent https://www.upress.state.ms.us/Books/C/Confessions-of-an-Undercover-Agent The Last Lawyer https://www.upress.state.ms.us/Books/T/The-Last-Lawyer From Midnight to Guntown https://www.upress.state.ms.us/Books/F/From-Midnight-to-Guntown Return to Guntown https://www.upress.state.ms.us/Books/R/Return-to-Guntown The Legs Murder Scandal https://www.upress.state.ms.us/Books/T/The-Legs-Murder-Scandal Hands in the Till Embezzlement of Public Monies in Mississippi https://www.upress.state.ms.us/Books/H/Hands-in-the-Till Power, Greed, and Hubris: Judicial Bribery in Mississippi https://www.upress.state.ms.us/Books/P/Power-Greed-and-Hubris Hosted on Acast. See acast.com/privacy for more information.

Can I deduct home office expenses while I'm working from home? It depends. The short answer is, probably not. If you work full-time for someone else, you're out of luck. "Employees who receive a paycheck or a W-2 exclusively from an employer are not eligible for the deduction, even if they are currently working from home," the IRS noted last month. https://www.cnn.com/2020/10/19/success/wfh-home-office-tax-deduction/index.htmlThe people most likely to be eligible to claim the home office tax deduction are those who are self-employed -- meaning they run their own business out of their homes, or are independent contractors or freelancers working on assignments from home. But they must meet the following rules: You may only deduct expenses for the portion of your home that is used exclusively and regularly for business and your home must be your principal place of business. And you may not deduct expenses related to anything that is used for both your work and your home life.Business Use of Your Home https://www.irs.gov/pub/irs-pdf/p587.pdfIf you CAN claim a deduction, here's more guidance : https://www.irs.gov/newsroom/heres-what-taxpayers-need-to-know-about-the-home-office-deductionhttps://homebusinessmag.com/management/legalese/3-legal-issues-faced-home-based-businesses-prepare/Do you have a suggestion for a show topic for 2021? Email us: legalterms@mpbonline.org Hosted on Acast. See acast.com/privacy for more information.

Our topic is housing at the end of the 2020 pandemic year with Will Bedwell and John Jopling from the MS Center for Justice. https://mscenterforjustice.org/about/On April 21st of 2020, In Legal Terms discussed Housing at the beginning of the pandemic with Will Bedwell and MS Center for Justice CEO Vangela Wade. http://inlegalterms.mpbonline.org/episodes/in-legal-terms-housing-with-ms-center-for-justiceJustice.gov has information on the Fair Housing Act. The MS Center for Justice has information about housing and six self-help videos concerning eviction. https://www.justice.gov/crt/fair-housing-act-1https://mscenterforjustice.org/work/affordable-housing/http://www.msatjc.org/self-help-videosThat COVID eviction hotline number is 228-702-9983.MIssissippi Home Corporation https://www.mshomecorp.com/Conner v. Alltin, LLc, Cause No. 3:20-CV57-MPM-RPMS Center for Justice Fair Housing Hot Line 1-877-352-2269 Hosted on Acast. See acast.com/privacy for more information.

Our guest, attorney Francis Springer from the Springer Law Firm, discusses Administrative or Regulatory Law. https://www.springerlawoffice.com/Discussion:Email concerning name changeDepartment of Enviromental Quality requirementsAgencies presumed to be correctCourts list four conditions for agency rulings to be reversed: Ruling not supported by substantial evidence Ruling was capricious or arbitrary Ruling was beyond the power of administrative agency Ruling is a violation of statutory or constitutional rights Hosted on Acast. See acast.com/privacy for more information.

Guest: attorney Marc Chamberlain from the Butler Snow law firm https://www.butlersnow.com/attorney/marc-chamberlain/We discuss strategic lawsuits against public participation. Learn more here: https://www.iadclaw.org/assets/1/17/Business_Litigation_March_2020.pdf What are they? Who brings these lawsuits? What's Mississippi's stance on SLAPPs Hosted on Acast. See acast.com/privacy for more information.

Guest: Attorney Reed Martz from Freeland Martz https://freelandmartz.com/reed-martz/To find state laws about gun rights: https://midsouthgunlawyer.com/welcome-to-the-website-for-the-midsouth-gun-lawyer/or https://www.handgunlaw.us/Calls concerned: 2nd amendment and marijuana shootings at protests restrictions on buying guns carrying a gun in a car buying guns in MS calaber of amunition Alabama fees travel between states fire arms in cars Hosted on Acast. See acast.com/privacy for more information.

Guest: Terry Little from Harper Little https://www.harperlittlelaw.com/Real Estate Closings were discussed before the calls came in.Calls concerned: title theft property disclosure hurricane damage multipe owners of home encroachment leaving property by will or deed property in IRA heirs property Email about gain in property valueListen to Money Talks discuss real estate investment: http://moneytalks.mpbonline.org/episodes/money-talks-real-estate-investment Hosted on Acast. See acast.com/privacy for more information.

We begin the show discussing weird state laws https://www.usatoday.com/list/news/nation-now/weirdest-laws-every-state/53ad0541-3518-4432-adc4-0fec193d389e/ killing raccoons on Sunday what is Bigfoot bear wrestling legal homicide Statutes, Court ruleings, administrative regulationsMississippi Teacher Strike Statute https://law.justia.com/codes/mississippi/2013/title-37/chapter-9/in-general/section-37-9-75/Canons of Construction https://www.law.uh.edu/faculty/adjunct/dstevenson/2018Spring/CANONS%20OF%20CONSTRUCTION.pdf Hosted on Acast. See acast.com/privacy for more information.

Election Day!MS Elections Answerline: 1-800-829-6786MS Elections Fraud Hotline: 1-800-829-6786https://www.sos.ms.gov/Elections-Voting/Pages/Contact-Us.aspxTo see a sample ballot for your street address, go to yallvote.ms. This will take you to the MS Sec of State’s website. Scroll down to Poling place locator. Type in your address. Your address should pop up, along with your poling place, and your Circuit Clerk’s name and phone number. Below that is what is on YOUR ballot. Everyone will vote for President and Senator. Your ballot will be different from MY ballot in that You’ll have your US representative, election commissioner and your supreme court justice races listed.  Medical marijuana http://inlegalterms.mpbonline.org/episodes/in-legal-terms-initiative-65-and-alternative-65a The Flag Change Change to statewide election of officials Previous show with Hinds County Election Commissions Chair http://inlegalterms.mpbonline.org/episodes/in-legal-terms-elections-commissionerThe polls close at 7pm tonight. If you are in line, stay in line so you can vote. If you make a mistake on your ballot ask for a new one. If the machines are down at your polling pace, ask for a paper ballot. There’s an election protection hotline: 1-866-OUR VOTE if you have questions about your rights or trouble voting. Text polls 30330 to find out where to vote. No one may refuse a person the right to vote if that person is legally entitled to vote. _No voter shall be threatened, intimidated, or paid to vote by any person.Voters whose names do not appear on the poll book or who do not have an acceptable form of photo ID are entitled to vote by affidavit ballot. You will then have 5 business days after election day to present a photo id at the Circuit clerk’s office. Voters who require assistance in marking the ballot because of disability, blindness, or an inability to read or write are entitled to receive assistance from a person of the voter’s choice, excluding, a candidate whose name is on the ballot, or a poll watcher who is observing in the polling place on Election Day. Rules prevent people from wearing campaign-related clothes or caps into the polling place. And people campaigning for a person or issue on the ballot must remain 150 feet from the polling place. Sec of State Watson said this rule applies only to signage or clothing pertaining to “anything that’s on the ballot,” but would not prohibit other messaging not directly up for a vote. So any candidate-specific gear like MAGA or Biden hats are prohibited, but generic “Black Lives Matter” T-shirts are permitted.  https://mississippitoday.org/2020/11/02/maga-hats-blm-shirts-what-mississippians-can-and-cant-wear-to-the-polls-and-other-helpful-voting-tips-for-election-day/?fbclid=IwAR1v-wAcghZj8T6eDZeR_Z-myd7-C83hCY7k7MB2kDYY-biu2RToGmQcXf8Calls: memory about protesting poll tax as a child Forrest County election issue voting story REAL ID http://inlegalterms.mpbonline.org/episodes/in-legal-terms-real-ids electoral college questionable experience story of mom voting statewide initiative Oxford story voting issues Hosted on Acast. See acast.com/privacy for more information.